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Monthly Archives: May 2007

The estate agent told the purchaser that his offer had been accepted BEFORE the vendor had actually signed the contract. The purchaser was horrified to discover that he was bound, but the vendor was not! Another reason why estate agents should NEVER be permitted to handle contracts. If you enter into a contract to buy real estate you cannot enforce it against the other person unless they have signed it. So what’s the situation if...

by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate While the law may not require a vendor to disclose everything about a property, in some cases failure to disclose may be interpreted as an attempt to conceal. A vendor client was hoping to sell his unit, but the body corporate Minutes disclosed that the tenants in one of the units in the development had been creating “difficulties” for...

by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate So now the REIV is telling consumers that estate agents are “Master Negotiators”. Well, they would say that wouldn’t they. The truth is that estate agents have no idea when it comes to negotiation. And I should know; after all, I have dealt with hundreds of them. I am one of the most experienced real estate negotiators in the...

by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd The 17th Annual “Best Practice Retreat” for estate agents will be held at the Sofitel Resort, Nadi, Fiji in July 2007. We note that one of the highlights of the conference will be advice on “Getting More Vendor Paid Advertising”. Yes, estate agents have the opportunity to find out how to wring vendors dry as “Three of Australasia’s top 10% property...

Opinion by Neil JenmanIf you’re trying to buy a home today, get one thing straight: When it comes to false quotes and bait pricing, no one is coming to your aid. Especially in Victoria.Despite widespread evidence of massive fraud, the regulatory authorities couldn’t seem to care less about homebuyers. The worst example is occurring in Victoria where the Minister for Consumer Affairs, Daniel Andrews, has – wait for it – praised the scoundrels at the...

by Peter Mericka B.A., LL.BReal Estate Lawyer Qualified Practising Conveyancer VictoriaDirector Lawyers Real Estate Pty Ltd At 3 p.m. on Wednesday 9 May, 2007 every real estate agent and estate agent representative in the State of Victoria was declared to be a conveyancer, free to conduct conveyancing transactions throughout the State. No longer will estate agents have to wait for conveyancers to prepare Section 32 Vendor Statements, Auction Contracts, or other legal documents associated with...

OPINION by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au Chief Justice of Queensland Paul de Jersey has warned my State’s lawyers, when they write letters of demand on behalf of clients, to be careful before resorting to any “even arguably threatening conduct”. His warning came recently in the course of the dismissal of a disciplinary action taken against Gold Coast solicitor Michael David Sing. This application was made by the Legal Services...

by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate Most real estate consumers are aware that real estate contracts are biased heavily in favour of the vendor, and contain a minefield of terms and conditions. But very few realise that some contracts contain “booby traps” that can do serious damage to BOTH parties! First, we refer readers to our last posting about auction bullying. The auction is an...

by Peter Mericka B.A., LL.B Real Estate Lawyer and Qualified Practising Conveyancer Victoria Lawyers Real Estate “Auction turns to scuffle” is the title of an article by David Nankervis of the Adelaide Sunday Mail (p.36). The article describes how police were called to a house auction after a clash erupted between a bidder and the auctioneer. The bidder, Russell Mallory, was acting on behalf of his parents and wanted clear instructions as to how the...

by Tim O’Dwyer M.A., LL.B Queensland Solicitor & Consumer Advocate watchdog@argonautlegal.com.au My blood pressure went through the roof again a while back. Needless to say, I had spotted another disturbing article in The Courier Mail’s weekend real estate supplement, this time purportedly warning consumers about the “dangers of buying and selling real estate”. The title really summed it up: “DIY real estate can be risky business”. Oh boy! Interestingly, there was a headshot and name...